Scottish Executive

BSE

Dorothy-Grace Elder (Glasgow) (SNP): To ask the Scottish Executive whether measures necessary to the safeguarding of public health are in place at the proposed cattle incinerator in Carntyne, Glasgow and, if not, what action it will take to ensure that such measures are in place before the incinerator’s licence to operate is granted.

Ross Finnie: The Scottish Environment Protection Agency (SEPA) issued a Variation Notice to the current operators of the plant, requiring them to demonstrate that statutory environmental controls were in place, when ownership of the plant was transferred earlier this year. These controls have been the subject of rigorous risk assessment and are in place to safeguard public health. Following an investigation into complaints from local residents on 9 October, SEPA placed prohibition and enforcement notices on the plant. The prohibition notice withdrew SEPA’s authorisation for the incinerator until further notice. The enforcement notice requires the operator to take remedial action at the plant. SEPA is currently awaiting receipt of the company’s improvement plan and will not authorise operations to restart until they are satisfied that all the necessary improvements have been met.

Birds

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether measures additional to the Species Action Plan and the proposed management trial need to be taken to protect capercaillie from predation and, if so, what the additional measures should be.

Rhona Brankin: In addition to the actions set out in the Biodiversity Species Action Plan for capercaillie, the Scottish Executive, Scottish Natural Heritage, Forestry Commission, Caledonian Partnership, RSPB and others have developed a bid for funding from the EU LIFE Nature programme directed at enhancing capercaillie populations within and adjacent to capercaillie Special Protection Areas (SPAs). It is also likely that there will be a large scale demonstration project targeted at undesignated sites.

  I also announced in September the provision of £700,000 for the removal and marking of deer fences in Scotland through a scheme being administered by the Forestry Commission. An additional two capercaillie SPAs have also been submitted to the European Commission for classification.

  Additionally, a Scottish Statutory Instrument is currently before the Scottish Parliament which will include the capercaillie on Schedule 1, Part 1 of the Wildlife and Countryside Act 1981. This will provide capercaillie with greater protection by making it illegal to hunt the species, and will make offences punishable by increased penalties.

Birds

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it considers that the capercaillie is facing possible extinction and, if so, what measures it will take to prevent its extinction

Rhona Brankin: The decline of the capercaillie population, to around 1,000 individual birds, is undoubtedly serious. If the decline continues the future of the species in Scotland would be seriously threatened. It is widely recognised that the decline is related to climatic changes, and in particular to a series of cold wet springs. There are other contributory causes and the measures described in the answer to question S1W-18767 are designed to address some of these.

Birds

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether Scottish Natural Heritage (SNH) has received representations from the Scottish Gamekeepers Association (SGA) recommending that additional steps must be taken to protect the capercaillie population and, if so, what response it will make to the proposal by the SGA that SNH should fund hillpacks on a twice annual basis in areas where capercaillie are resident.

Rhona Brankin: I understand that SNH has received a letter from the SGA seeking grant aid for foot-packs on a twice-yearly basis in areas where capercaillie are resident. SNH is taking action to enhance the capercaillie population through the Biodiversity Species Action Plan Steering Group, and by the development of the EU LIFE Nature project and large scale management trial. These include appropriate predator control in capercaillie areas, initially focused on Special Protection Areas, along with important management measures such as fence removal and habitat management. SNH has no plans to fund foot-packs specifically for the purpose of predator control in capercaillie areas, though use of dogs in fox control has not been ruled out in areas where this method is considered appropriate.

Bridges

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive whether it will issue a revised version of the table published in SPICe Research Paper 01/13 to show capital works on the Erskine Bridge, as well as the maintenance costs and toll income, as advised by Lewis Macdonald in the Parliament on 6 September 2001 ( Official Report , col. 2307).

Sarah Boyack: The information requested is set out in the Erskine Bridge Accounts, which are presented to Parliament each year.

Central Heating

Pauline McNeill (Glasgow Kelvin) (Lab): To ask the Scottish Executive when Eaga Partnership (Scotland) will publish a replacement information leaflet on the central heating installation programme for pensioners in private rented accommodation and what further arrangements are in place to publicise this scheme to older people in private rented and owner occupied accommodation.

Jackie Baillie: A new leaflet will be available in November. Eaga are contracted to publicise the programme and will be doing so through a variety of media and by working with the many organisations who have access to the client group to develop referral mechanisms and strategic partnerships. A series of multi-agency seminars are planned over November and December and a series of media events will be undertaken over that time. A major promotional campaign will begin in February 2002.

Cities

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it will support a bid by the City of Inverness to be the European City of Culture in 2008 and, if so, what (a) practical and (b) financial assistance it will provide to support the bid.

Allan Wilson: The Executive is pleased to support the costs of preparation of the proposed Highland bid for designation as European Capital of Culture 2008. We are making available £50,000 towards those costs in both this and the next financial year. This is in addition to support being given by VisitScotland and the Scottish Arts Council. My officials also stand ready in the event that the bid partners wish to discuss the bid during its preparation stages.

Cities

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether the relocation of the Scottish Arts Council to Inverness would assist any bid by the City of Inverness to become the European City of Culture.

Allan Wilson: The most appropriate location for the Scottish Arts Council will be considered during the council’s forthcoming quinquennial review and will be based on a range of criteria that will include the needs of the arts sector across all parts of Scotland.

Community Care

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive how many people have applied for respite care but have not been accommodated since May 1999, broken down by (a) health board area and (b) local authority area.

Malcolm Chisholm: This information is not held centrally.

Community Care

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive what funding it has provided for respite care since May 1999.

Malcolm Chisholm: We are allocating record levels of resources to local authorities for social care, with £1.25 billion provided this year. It is for authorities to use these resources to best meet local needs, including the provision of respite care or short breaks. In recognition of the importance of short break services we have made significant new funding available to local authorities from April this year to expand their current level of respite provision by an additional 22,000 weeks each year across Scotland by 2003-04. These resources will increase from £5 million in 2001-02 to £11 million by 2003-04. This is in addition to the £10 million a year already ear-marked under the Strategy for Carers in Scotland for supporting for carers and providing short breaks, doubling the resources previously available to authorities for these purposes.

Compulsory Purchase

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive what action it proposes to take on the short-term changes to the operation of compulsory purchase within the existing legislative framework, as recommended in the report Review of Compulsory Purchase and Land Compensation prepared by its Central Research Unit.

Lewis Macdonald: I refer the member to the answer given to question S1O-3788 on 20 September 2001. Detailed proposals have still to be worked up and it is therefore too early to comment.

Compulsory Purchase

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive what action it proposes to take on the areas for further investigation of changes to the operation of compulsory purchase, and possible legislation, as recommended in the Review of Compulsory Purchase and Land Compensation prepared by its Central Research Unit.

Lewis Macdonald: I refer the member to the answer given to question S1O-3788 on 20 September 2001. Detailed proposals have still to be worked up and it is therefore too early to comment.

Criminal Records

Dr Winnie Ewing (Highlands and Islands) (SNP): To ask the Scottish Executive how police files containing information on individuals’ criminal records are currently disposed of; whether it is satisfied with practice in this area, and whether it has any plans to review arrangements.

Mr Jim Wallace: Criminal conviction information is held by the Scottish Criminal Record Office (SCRO) Criminal History System. Under current policy, decisions on the retention and disposal of the information are based on one or more of a number of factors, for example the seriousness of the offence, the age of the person at the time of conviction and the number of years elapsed since the end of the sentence.

  A working group established by the SCRO Management Committee has been reviewing the existing policy. The aim is to develop arrangements which take account of, among other things, the Police Act 1997, the Human Rights Act 1998 and the Data Protection Act 1998.

Cycling

John Young (West of Scotland) (Con): To ask the Scottish Executive how many cyclists have been charged with road traffic offences in Edinburgh since 1 May 1999.

Mr Jim Wallace: The available information, which is for calendar year 1999, is given in the table. Data for the year 2000 are not yet available.

  Persons proceeded against for road traffic offences involving bicycles, Edinburgh1, 1999

  

Main offence 
  

Number of persons proceeded against 
  


Carelessly or inconsiderately riding a 
  bicycle or tricycle 
  

2 
  


Drunk when riding a bicycle 
  

5 
  


Bicycles, other offences 
  

4 
  


Total 
  

11 
  



  Notes:

  1. Prosecutions in Edinburgh Sheriff Court or City of Edinburgh District Court.

Homelessness

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive what percentage of people registered as homeless have suffered from mental health problems since May 1999, broken down by health board area.

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive how many people registered as homeless have received treatment for mental health problems since May 1999, broken down by health board area.

Malcolm Chisholm: This information is not held centrally.

Identity Cards

David McLetchie (Lothians) (Con): To ask the Scottish Executive what (a) powers and (b) plans it has to introduce legislation for the introduction of compulsory national identity cards.

Mr Jim Wallace: There are no immediate plans to introduce an identity card scheme in Scotland or, more widely, in the United Kingdom. The Executive is, and will continue to be, involved in discussions with the UK Government on this matter.

Justice

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive, further to the answer to question S1W-17215 by Mr Jim Wallace on 20 August 2001, whether the figures on the total number of persons aged under 16 who were proceeded against on indictments are now available for 2000.

Mr Jim Wallace: Complete and checked statistical information on court proceedings in 2000 is not yet available. On present plans it is hoped that finalised data will be available to meet requests for analysis by December this year.

Land

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether Udal tenure of land will be recognised and preserved under the Land Reform (Scotland) Bill.

Mr Jim Wallace: I refer the member to the answer given to question S1W-17675. The Land Reform (Scotland) Bill does not make any specific provision in relation to Udal Law.

Land

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive, further to the answer to question S1W-17763 by Mr Jim Wallace on 20 September 2001, what specific areas of Udal law are distinct from Scots law on land tenure.

Mr Jim Wallace: The primary difference between Udal and Feudal land law is that Udal land is held outright by the owner and is not subject to any superior interest, including the Crown. This difference will be removed by the Abolition of Feudal Tenure etc. (Scotland) Act 2000 which provides for the abolition of superior interests in Feudal land on the appointed day. Land will then be owned outright.

  Another distinguishing feature, is that under Udal law the foreshore in Orkney and Shetland is treated in the same way as land above the high water mark across the rest of Scotland. Consequently, it is possible for Udal titles to land to include the foreshore as property.

  Another distinctive feature of Udal land is that, unlike Feudal land, ownership may be transferred without the requirement of a written title. This difference will disappear once the Land Register becomes operational in Orkney and Shetland from 1 April 2003 as the Land Registration (Scotland) Act 1979 provides that an acquirer of Udal land will only obtain a real right to the land on registration.

  The payment of skat, which is considered to be a form of land tax, is an incident of Udal land law. It has not been competent to create new skats since 1974 and both skat and feuduty will be extinguished on the appointed day.

Land

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive (a) whether housing land audits are a statutory or recommended component of structure and local planning, (b) how frequently housing land audits should be carried out, (c) whether it monitors the performance of local authorities in auditing the Established or Effective Land Supply and (d) how recently each structure plan authority has carried out an audit of local authorities.

Lewis Macdonald: There is no statutory requirement for planning authorities to conduct housing land audits. Planning Advice Note 38 Structure Plans: Housing Land Requirements , however,   sets out the Scottish Executive’s advice in relation to auditing the effective housing land supply and refers to such audits as an annual process. The Executive does not formally monitor planning authorities’ housing land audit performance and so cannot indicate when each structure plan authority last conducted such an audit.

Law

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive, further to the answer to question S1W-17762 by Mr Jim Wallace on 20 September 2001, whether, given the precedence of Scottish law over Udal law, it is possible for adjacent pieces of land to be subject to different laws.

Mr Jim Wallace: The general law of Scotland applies to land across Scotland. In areas where Udal tenure subsists, Udal land may differ from land held on feudal tenure, and it is therefore consistent with the law of Scotland for adjacent pieces of land in these areas to be held under different systems of land tenure.

Local Government Finance

Michael Matheson (Central Scotland) (SNP): To ask the Scottish Executive when detailed guidance will be issued on the revenue fund costs to local authorities of the transitional housing benefit scheme under the Supporting People regime to be introduced in 2003.

Ms Margaret Curran: The transitional housing benefit scheme will continue until April 2003 but it is hoped to provide local authorities with an indication of how much will be available to them for Supporting People by the end of 2002.

Mental Health

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive what projects relating to the support of carers, families and partners of those suffering from mental health problems it is currently funding.

Malcolm Chisholm: Projects aimed at supporting the carers, families and partners of people with mental health problems are primarily provided through local authorities and NHSScotland, often working with the voluntary sector. A wide range of such projects is currently running across Scotland, supported under a number of different initiatives. The Strategy for Carers in Scotland  doubled, from April 2000, the resources available to local authorities to support carers, including carers of people with mental health difficulties. From April this year local authorities are also receiving significant new funding to expand short break services, which will benefit many people and their carers. Local authorities use these resources to meet local needs, including those of carers of people with mental health difficulties. Mental Illness Specific Grant also funds many projects which help people with mental health difficulties, their families and carers. In addition, through the Scottish Health Plan Our National Health  and projects such as  Allies in Change ,   we are promoting the involvement of mental health service users and their carers in service planning and delivery.

Mental Health

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive what plans it has to tackle mental health problems among young people.

Malcolm Chisholm: Our National Health sets out our ambition for the development of improved health services for children and young people. The Child Health Support Group are working to produce a framework against which agencies will plan and deliver improved care responses across the whole range of children’s services.

  The planning and preventative measures for mental health needs will be further informed by the outcomes of the Scottish Needs Assessment Programme review which has been commissioned to examine current needs and provision. Their report is expected early next year. The Mental Health and Well Being Support Group will complement both these approaches and continue their work with the care agencies on the broad improvement agenda.

Mental Health

Mr Adam Ingram (South of Scotland) (SNP): To ask the Scottish Executive how much, and what percentage of, health board funding has been ring-fenced for mental health services in each year since May 1999, broken down by health board area.

Susan Deacon: Funding for mental health services is not ring-fenced. NHS Boards are given a unified budget to meet the health care needs of their resident populations. It is for NHS Boards to decide how best to utilise this funding to meet local and national priorities including mental health services.

Planning

Dennis Canavan (Falkirk West): To ask the Scottish Executive when it expects to finalise approval of Falkirk Council’s new structural plan.

Lewis Macdonald: The Scottish ministers have considered the Falkirk Structure Plan and expect to issue the draft modifications in the near future. This will be followed by a six-week period for further representations and any received will be taken into account before the Structure Plan is finalised.

Roads

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive why the Minister for Transport and Planning cancelled her meeting in early August with Councillor Andrew Hill of South Ayrshire Council to discuss road improvements at Maybole and around Turnberry, whether an alternative date for the meeting has been arranged and, if so, when and where that meeting will take place.

Sarah Boyack: I had hoped to visit South Ayrshire, at the invitation of Councillor Hill, earlier in the year to look at the problems arising from timber traffic on rural roads in the area. However, this visit had to be postponed due to other diary pressures. I will now be visiting the area on 19 November following a further invitation from Councillor Hill to discuss other transport issues and I would be happy to include Maybole and Turnberry in that discussion.

Rural Development

Mr Brian Monteith (Mid Scotland and Fife) (Con): To ask the Scottish Executive whether the recently established Agriculture and Environment Working Group will consider the future provision and location of the Environment and Rural Affairs Department’s network of local area offices.

Ross Finnie: The Agriculture and Environment Working Group has a wide remit, including a review of the provision of environmental advice and guidance to farmers and crofters. This will include the guidance provided through the Environment and Rural Affairs Department’s area offices, but it should be borne in mind that this is only one part of the role of staff in these offices. The working group has no remit to consider either the provision or location of local area offices.

School Meals

Tommy Sheridan (Glasgow) (SSP): To ask the Scottish Executive how the nutritional content of school meals is monitored.

Mr Jack McConnell: Education authorities are responsible for providing school meals and have local arrangements for monitoring their quality.

Scottish Water

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive what the period of appointment is of the chairperson of the proposed Scottish Water.

Ross Finnie: No appointment can be made until Parliament approves the Water Industry (Scotland) Bill. As announced on 8 August, we intend the initial appointment to last for three years.

Scottish Water

Alex Neil (Central Scotland) (SNP): To ask the Scottish Executive how many applications were received for the recent vacancy of chairperson of the proposed Scottish Water.

Ross Finnie: Three.

Sex Offenders

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive how many people in the City of Edinburgh have been placed on the appropriate register of sex offenders in each month since the inception of the register.

Mr Jim Wallace: The information requested is not held centrally.

Sex Offenders

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive how many staff are employed to monitor those people on the register of sex offenders who are currently residing in the City of Edinburgh.

Mr Jim Wallace: This is a matter for Chief Constables, local authority Social Work Departments and other agencies and individuals who have a responsibility for public protection.

Water Industry (Scotland) Bill

Tavish Scott (Shetland) (LD): To ask the Scottish Executive how the Water Industry (Scotland) Bill will have a positive impact on water charges for island communities in the North of Scotland Water area, as stated in the Bill’s Policy Memorandum, and what it estimates this impact will be.

Ross Finnie: The main element of the Water Industry (Scotland) Bill is the creation of Scottish Water as a single all-Scotland water and sewerage authority, with the key objective of providing services to customers across Scotland more efficiently than can be done by the existing three water authorities separately. Customers in the island communities currently served by North of Scotland Water (NSW) will benefit from this in the same way as other customers. In addition, and in common with other NSW customers, future increases in water charges will be lower than would have been the case as a result of the charge harmonisation across Scotland that will follow the creation of Scottish Water.